Petitions for Modification of Application of Existing Mandatory Safety Standards, 10905-10908 [2018-04998]
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less protection for the miners affected
than that provided by the standard; or
(2) the application of the standard will
result in a diminution of safety to the
affected miners.
MSHA bases the final decision on the
petitioner’s statements, any comments
and information submitted by interested
persons, and a field investigation of the
conditions at the mine. In some
instances, MSHA may approve a
petition for modification on the
condition that the mine operator
complies with other requirements noted
in the decision.
II. Granted Petitions for Modification
On the basis of the findings of
MSHA’s investigation, and as designee
of the Secretary, MSHA has granted or
partially granted the following petitions
for modification:
• Docket Number: M–2016–031–C.
FR Notice: 81 FR 81810 (11/18/2016).
Petitioner: S & J Coal Mine, 15 Motter
Drive, Pine Grove, Pennsylvania 17963–
8854.
Mine: Slope #2 Mine, MSHA I.D. No.
36–09963, located in Schuylkill County,
Pennsylvania.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
• Docket Number: M–2017–001–C.
FR Notice: 82 FR 16068 (3/31/2017).
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, Maryland
21550.
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker
County, West Virginia.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
• Docket Number: M–2017–002–C.
FR Notice: 82 FR 16068 (3/31/2017).
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, Maryland
21550.
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker
County, West Virginia.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
• Docket Number: M–2017–003–C.
FR Notice: 82 FR 16068 (3/31/2017).
Petitioner: Mettiki Coal WV, LLC, 293
Table Rock Road, Oakland, Maryland
21550.
Mine: Mountain View Mine, MSHA
I.D. No. 46–09028, located in Tucker
County, West Virginia.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
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• Docket Number: M–2017–008–C.
FR Notice: 82 FR 26954 (6/12/2017).
Petitioner: Excel Mining, LLC, 4126
State Highway 194 West, Pikeville,
Kentucky 41501.
Mine: Excel Mining #4 Mine, MSHA
I.D. No. 15–19515, located in Pike
County, Kentucky.
Regulation Affected: 30 CFR
75.1909(b)(6) (Nonpermissible diesel
powered equipment; design and
performance requirements).
• Docket Number: M–2017–002–M.
FR Notice: 82 FR 34701 (7/26/2017).
Petitioner: Martin Marietta Materials,
Inc., Midwest Division, 11252 Aurora
Avenue, Des Moines, Iowa 50322.
Mine: Fort Calhoun Underground
Mine, 5765 County Road P 30, Fort
Calhoun, Nebraska 68023, MSHA I.D.
No. 25–01300, located in Washington
County, Nebraska.
Regulation Affected: 30 CFR
57.11052(d) (Refuge areas).
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2018–04992 Filed 3–12–18; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of
Application of Existing Mandatory
Safety Standards
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice is a summary of
petitions for modification submitted to
the Mine Safety and Health
Administration (MSHA) by the parties
listed below.
DATES: All comments on the petitions
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before April 12, 2018.
ADDRESSES: You may submit your
comments, identified by ‘‘docket
number’’ on the subject line, by any of
the following methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Sheila
McConnell, Director, Office of
Standards, Regulations, and Variances.
SUMMARY:
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10905
Persons delivering documents are
required to check in at the receptionist’s
desk in Suite 4E401. Individuals may
inspect copies of the petition and
comments during normal business
hours at the address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT:
Barbara Barron, Office of Standards,
Regulations, and Variances at 202–693–
9447 (Voice), barron.barbara@dol.gov
(Email), or 202–693–9441 (Facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and Title 30 of the
Code of Federal Regulations Part 44
govern the application, processing, and
disposition of petitions for modification.
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
(Secretary) determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. That the application of such
standard to such mine will result in a
diminution of safety to the miners in
such mine.
In addition, the regulations at 30 CFR
44.10 and 44.11 establish the
requirements and procedures for filing
petitions for modification.
II. Petitions for Modification
Docket Number: M–2018–001–C.
Petitioner: LCT Energy, LP, 938 Mt.
Airy Drive, Suite 200, Johnstown,
Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA
I.D. No. 36–09973, Cass No. 1 Mine,
MSHA I.D. No. 36–09974, Boone
Surface Mine, MSHA I.D. No. 36–10067,
located in Somerset County,
Pennsylvania; and Rustic Ridge Mine,
MSHA I.D. No. 36–10089, located in
Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d)
(Permissible electric equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered nonpermissible surveying
equipment in or inby the last open
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crosscut, including, but not limited to
portable battery-operated mine transits,
total station surveying equipment,
distance meters, and data loggers.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature, and the size and
complexity of mine plans require that
accurate and precise measurements be
completed in a prompt and efficient
manner.
As an alternative to the existing
standard, the petitioner proposes the
following:
(a) Use nonpermissible electronic
surveying equipment when equivalent
permissible electronic surveying
equipment is not available.
Nonpermissible equipment will include
portable battery-operated total station
surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in or
inby the last open crosscut will be
examined by surveying personnel prior
to use to ensure the equipment is being
maintained in safe operating condition.
These examinations will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA on
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in or inby the last
open crosscut.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
withdrawn outby the last open crosscut.
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(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air outby the last open
crosscut.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards
associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
Within 60 days after the Proposed
Decision and Order (PDO) becomes
final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. The revisions will specify
initial and refresher training regarding
the terms and conditions in the PDO.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2018–002–C.
Petitioner: LCT Energy, LP, 938 Mt.
Airy Drive, Suite 200, Johnstown,
Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA
I.D. No. 36–09973, Cass No. 1 Mine,
MSHA I.D. No. 36–09974, Boone
Surface Mine, MSHA I.D. No. 36–10067,
located in Somerset County,
Pennsylvania; and Rustic Ridge Mine,
MSHA I.D. No. 36–10089, located in
Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR 75.507–
1(a) (Electric equipment other than
power-connection points; outby the last
open crosscut; return air; permissibility
requirements).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered nonpermissible surveying
equipment in return airways, including,
but not limited to portable batteryoperated mine transits, total station
surveying equipment, distance meters,
and data loggers.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary.
(2) Application of the existing
standard would result in a diminution
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of safety to the miners. Underground
mining by its nature, and the size and
complexity of mine plans require that
accurate and precise measurements be
completed in a prompt and efficient
manner.
As an alternative to the existing
standard, the petitioner proposes the
following:
(a) Use nonpermissible electronic
surveying equipment when equivalent
permissible electronic surveying
equipment is not available.
Nonpermissible equipment will include
portable battery-operated total station
surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used in
return airways will be examined by
surveying personnel prior to use to
ensure the equipment is being
maintained in safe operating condition.
These examinations will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA on
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment in return airways.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
withdrawn out of the return airways.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air out of the return
airway.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards
associated with the use of
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nonpermissible surveying equipment in
areas where methane could be present.
(i) Nonpermissible surveying
equipment will not be put into service
until MSHA has inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
Within 60 days after the Proposed
Decision and Order (PDO) becomes
final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. The revisions will specify
initial and refresher training regarding
the terms and conditions in the PDO.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2018–003–C.
Petitioner: LCT Energy, LP, 938 Mt.
Airy Drive, Suite 200, Johnstown,
Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA
I.D. No. 36–09973, Cass No. 1 Mine,
MSHA I.D. No. 36–09974, Boone
Surface Mine, MSHA I.D. No. 36–10067,
located in Somerset County,
Pennsylvania; and Rustic Ridge Mine,
MSHA I.D. No. 36–10089, located in
Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR
75.1002(a) (Installation of electric
equipment and conductors;
permissibility).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered nonpermissible surveying
equipment within 150 feet of longwall
faces and pillar workings, including, but
not limited to portable battery-operated
mine transits, total station surveying
equipment, distance meters, and data
loggers.
The petitioner states that:
(1) To comply with requirements for
mine ventilation maps and mine maps
in 30 CFR 75.372 and 75.1200, use of
the most practical and accurate
surveying equipment is necessary. To
ensure the safety of the miners in active
mines and to protect miners in future
mines that may mine in close proximity
to these same active mines, it is
necessary to determine the exact
location and the mine workings.
(2) Application of the existing
standard would result in a diminution
of safety to the miners. Underground
mining by its nature, and the size and
complexity of mine plans require that
accurate and precise measurements be
completed in a prompt and efficient
manner.
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As an alternative to the existing
standard, the petitioner proposes the
following:
(a) Use nonpermissible electronic
surveying equipment when equivalent
permissible electronic surveying
equipment is not available.
Nonpermissible equipment will include
portable battery-operated total station
surveying equipment, mine transits,
distance meters, and data loggers.
(b) All nonpermissible electronic
surveying equipment to be used within
150 feet of pillar workings or longwall
faces will be examined by surveying
personnel prior to use to ensure the
equipment is being maintained in safe
operating condition. These
examinations will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(c) The results of such examinations
will be recorded and retained for one
year and made available to MSHA on
request.
(d) A qualified person as defined in
30 CFR 75.151 will continuously
monitor for methane immediately before
and during the use of nonpermissible
surveying equipment within 150 feet of
pillar workings.
(e) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
withdrawn more than 150 feet from
pillar workings.
(f) All hand-held methane detectors
will be MSHA-approved and
maintained in permissible and proper
operating condition as defined in 30
CFR 75.320.
(g) Batteries in the surveying
equipment will be changed out or
charged in fresh air more than 150 feet
from pillar workings.
(h) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards
associated with the use of
nonpermissible surveying equipment in
areas where methane could be present.
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(i) The nonpermissible surveying
equipment will not be put into service
until MSHA has inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
Within 60 days after the Proposed
Decision and Order (PDO) becomes
final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. The revisions will specify
initial and refresher training regarding
the terms and conditions in the PDO.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
measure of protection afforded by the
existing standard.
Docket Number: M–2018–004–C.
Petitioner: LCT Energy, LP, 938 Mt.
Airy Drive, Suite 200, Johnstown,
Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA
I.D. No. 36–09973, Cass No. 1 Mine,
MSHA I.D. No. 36–09974, Boone
Surface Mine, MSHA I.D. No. 36–10067,
located in Somerset County,
Pennsylvania; and Rustic Ridge Mine,
MSHA I.D. No. 36–10089, located in
Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR
77.1914(a) (Electrical equipment).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of batterypowered nonpermissible surveying
equipment in shaft and slope
construction, including, but not limited
to portable battery-operated mine
transits, total station surveying
equipment, distance meters, and laptop
computers. The petitioner proposes to
use up-to-date, practical, and accurate
technology in the preparation of mine
maps and ensure the safety of the
miners by providing proper and
accurate mining directional control in
the mine.
The petitioner states that:
(1) Application of the existing
standard would result in a diminution
of safety to the miners.
(2) Underground mining by its nature,
and the size, complexity, and relative
closeness to other abandoned mines,
gas/oil wells, and other features,
requires that accurate and precise
measurements be completed in a
prompt and efficient manner.
As an alternative to the existing
standard, the petitioner proposes the
following:
(a) To examine all nonpermissible
electronic surveying equipment prior to
use in or inby the last open crosscut to
ensure the equipment is being
maintained in a safe operating
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condition, and have a qualified person
as defined in 30 CFR 75.153, examine
the equipment at intervals not to exceed
7 days. The examination results will be
recorded in the weekly examination
electrical equipment book. These
examinations will include:
(i) Checking the instrument for any
physical damage and the integrity of the
case.
(ii) Removing the battery and
inspecting for corrosion and damage.
(iii) Inspecting the contact points to
ensure a secure connection to the
battery.
(iv) Reinserting the battery and
powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment
cover to ensure that it is securely
fastened.
(b) A qualified person as defined in 30
CFR 75.151 will continuously monitor
for methane immediately before and
during the use of nonpermissible
surveying equipment in or inby the last
open crosscut or in the return.
(c) Nonpermissible surveying
equipment will not be used if methane
is detected in concentrations at or above
one percent for the area being surveyed.
When methane is detected at such levels
while the nonpermissible surveying
equipment is being used, the equipment
will be deenergized immediately and
withdrawn out of the return.
(d) Nonpermissible surveying
equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the
surveying equipment will be changed
out or charged in fresh air and not in the
return.
(f) Qualified personnel who use
surveying equipment will be properly
trained to recognize the hazards and
limitations associated with the use of
nonpermissible surveying equipment.
(g) The nonpermissible surveying
equipment will not be put into service
until MSHA has inspected the
equipment and determined that it is in
compliance with all the terms and
conditions in this petition.
Within 60 days after the Proposed
Decision and Order (PDO) becomes
final, the petitioner will submit
proposed revisions for its approved 30
CFR part 48 training plan to the District
Manager. The revisions will specify
initial and refresher training regarding
the terms and conditions in the PDO.
The petitioner asserts that the
proposed alternative method will at all
times guarantee no less than the same
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measure of protection afforded by the
existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2018–04998 Filed 3–12–18; 8:45 am]
BILLING CODE 4520–43–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (18–021)]
Notice of Intent To Grant Partially
Exclusive Patent License
National Aeronautics and
Space Administration
ACTION: Notice of intent to grant
partially exclusive patent license.
AGENCY:
NASA hereby gives notice of
its intent to grant a partially exclusive
patent license in the United States to
practice the inventions described and
claimed in U.S. Patent No. 7,285,306
entitled, ‘‘Process For Self-Repair Of
Insulation Material,’’ KSC–12539; U.S.
Patent No. 8,119,238 entitled, ‘‘SelfHealing Wire Insulation,’’ KSC–12539–
2; and U.S. Patent Application Serial
Number 13/523,806 entitled, ‘‘SelfHealing Polymer Materials for Wire
Insulation, Polyimides, Flat Surfaces,
and Inflatable Structures,’’ KSC–13366,
to Drywired, LLC, having its principal
place of business in Los Angeles, CA.
Drywired, LLC has requested exclusivity
for the following fields of use:
1. Wraps, films, and decals that can be
applied to the exterior of vehicles with
at least four wheels;
2. Wraps, films, and decals that can be
applied to buildings, structures, or
permanent improvements built upon or
attached to real property; and
3. Coverings and insulations for
electrical wiring and communications
wiring in the following industries:
a. Mining
b. Unmanned Aerial Vehicles (UAVs)
DATES: The prospective partially
exclusive patent license may be granted
unless, NASA receives written
objections, including evidence and
argument, no later than March 28, 2018
that establish that the grant of the
license would not be consistent with the
requirements regarding the licensing of
federally owned inventions as set forth
in the Bayh-Dole Act and implementing
regulations. Competing applications
completed and received by NASA no
later than March 28, 2018 will also be
treated as objections to the grant of the
contemplated partially exclusive
license. Objections submitted in
SUMMARY:
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response to this notice will not be made
available to the public for inspection
and, to the extent permitted by law, will
not be released under the Freedom of
Information Act.
ADDRESSES: Objections relating to the
prospective license may be submitted to
Patent Counsel, Office of the Chief
Counsel, Mail Code CC–A, NASA John
F. Kennedy Space Center, Kennedy
Space Center, FL 32899. Telephone:
321–867–2076; Facsimile: 321–867–
1817; email: KSC-Patent-Counsel@
mail.nasa.gov.
FOR FURTHER INFORMATION CONTACT:
Jonathan Leahy, Patent Attorney, Office
of the Chief Counsel, Mail Code CC–A,
NASA John F. Kennedy Space Center,
Kennedy Space Center, FL 32899.
Telephone: 321–867–6553; Facsimile:
321–867–1817.
SUPPLEMENTARY INFORMATION: This
notice of intent to grant a partially
exclusive patent license is issued in
accordance with 35 U.S.C. 209(e) and 37
CFR 404.7(a)(1)(i). The patent rights in
these inventions have been assigned to
the United States of America as
represented by the Administrator of the
National Aeronautics and Space
Administration. The prospective
exclusive license will comply with the
requirements of 35 U.S.C. 209 and 37
CFR 404.7.
Information about other NASA
inventions available for licensing can be
found online at https://
technology.nasa.gov.
Mark P. Dvorscak,
Agency Counsel for Intellectual Property.
[FR Doc. 2018–05054 Filed 3–12–18; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (18–020)]
NASA Advisory Council; Meeting
National Aeronautics and
Space Administration.
ACTION: Notice of meeting.
AGENCY:
In accordance with the
Federal Advisory Committee Act, as
amended, the National Aeronautics and
Space Administration (NASA)
announces a meeting of the NASA
Advisory Council (NAC).
DATES: Wednesday, March 28, 2018,
1:00–5:00 p.m.; and Thursday, March
29, 2018, 9:00 a.m.–4:00 p.m., Eastern
Time.
SUMMARY:
NASA Headquarters,
Program Review Center (PRC), Room
ADDRESSES:
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]]>Agencies
[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10905-10908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04998]
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DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petitions for Modification of Application of Existing Mandatory
Safety Standards
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
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SUMMARY: This notice is a summary of petitions for modification
submitted to the Mine Safety and Health Administration (MSHA) by the
parties listed below.
DATES: All comments on the petitions must be received by MSHA's Office
of Standards, Regulations, and Variances on or before April 12, 2018.
ADDRESSES: You may submit your comments, identified by ``docket
number'' on the subject line, by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Sheila McConnell, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. Individuals may inspect copies of the petition and comments
during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Barbara Barron, Office of Standards,
Regulations, and Variances at 202-693-9447 (Voice),
[email protected] (Email), or 202-693-9441 (Facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
Part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor (Secretary)
determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. That the application of such standard to such mine will result
in a diminution of safety to the miners in such mine.
In addition, the regulations at 30 CFR 44.10 and 44.11 establish
the requirements and procedures for filing petitions for modification.
II. Petitions for Modification
Docket Number: M-2018-001-C.
Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200,
Johnstown, Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine,
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067,
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR 75.500(d) (Permissible electric
equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered nonpermissible
surveying equipment in or inby the last open
[[Page 10906]]
crosscut, including, but not limited to portable battery-operated mine
transits, total station surveying equipment, distance meters, and data
loggers.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature,
and the size and complexity of mine plans require that accurate and
precise measurements be completed in a prompt and efficient manner.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) Use nonpermissible electronic surveying equipment when
equivalent permissible electronic surveying equipment is not available.
Nonpermissible equipment will include portable battery-operated total
station surveying equipment, mine transits, distance meters, and data
loggers.
(b) All nonpermissible electronic surveying equipment to be used in
or inby the last open crosscut will be examined by surveying personnel
prior to use to ensure the equipment is being maintained in safe
operating condition. These examinations will include:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open
crosscut.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and withdrawn outby the last open crosscut.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air outby the last open crosscut.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has inspected the equipment and determined that it
is in compliance with all the terms and conditions in this petition.
Within 60 days after the Proposed Decision and Order (PDO) becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR part 48 training plan to the District Manager. The revisions
will specify initial and refresher training regarding the terms and
conditions in the PDO.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2018-002-C.
Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200,
Johnstown, Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine,
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067,
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR 75.507-1(a) (Electric equipment other
than power-connection points; outby the last open crosscut; return air;
permissibility requirements).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered nonpermissible
surveying equipment in return airways, including, but not limited to
portable battery-operated mine transits, total station surveying
equipment, distance meters, and data loggers.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature,
and the size and complexity of mine plans require that accurate and
precise measurements be completed in a prompt and efficient manner.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) Use nonpermissible electronic surveying equipment when
equivalent permissible electronic surveying equipment is not available.
Nonpermissible equipment will include portable battery-operated total
station surveying equipment, mine transits, distance meters, and data
loggers.
(b) All nonpermissible electronic surveying equipment to be used in
return airways will be examined by surveying personnel prior to use to
ensure the equipment is being maintained in safe operating condition.
These examinations will include:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in return airways.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and withdrawn out of the return airways.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air out of the return airway.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
[[Page 10907]]
nonpermissible surveying equipment in areas where methane could be
present.
(i) Nonpermissible surveying equipment will not be put into service
until MSHA has inspected the equipment and determined that it is in
compliance with all the terms and conditions in this petition.
Within 60 days after the Proposed Decision and Order (PDO) becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR part 48 training plan to the District Manager. The revisions
will specify initial and refresher training regarding the terms and
conditions in the PDO.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2018-003-C.
Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200,
Johnstown, Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine,
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067,
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR 75.1002(a) (Installation of electric
equipment and conductors; permissibility).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered nonpermissible
surveying equipment within 150 feet of longwall faces and pillar
workings, including, but not limited to portable battery-operated mine
transits, total station surveying equipment, distance meters, and data
loggers.
The petitioner states that:
(1) To comply with requirements for mine ventilation maps and mine
maps in 30 CFR 75.372 and 75.1200, use of the most practical and
accurate surveying equipment is necessary. To ensure the safety of the
miners in active mines and to protect miners in future mines that may
mine in close proximity to these same active mines, it is necessary to
determine the exact location and the mine workings.
(2) Application of the existing standard would result in a
diminution of safety to the miners. Underground mining by its nature,
and the size and complexity of mine plans require that accurate and
precise measurements be completed in a prompt and efficient manner.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) Use nonpermissible electronic surveying equipment when
equivalent permissible electronic surveying equipment is not available.
Nonpermissible equipment will include portable battery-operated total
station surveying equipment, mine transits, distance meters, and data
loggers.
(b) All nonpermissible electronic surveying equipment to be used
within 150 feet of pillar workings or longwall faces will be examined
by surveying personnel prior to use to ensure the equipment is being
maintained in safe operating condition. These examinations will
include:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(c) The results of such examinations will be recorded and retained
for one year and made available to MSHA on request.
(d) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment within 150 feet of pillar
workings.
(e) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and withdrawn more than 150 feet from pillar
workings.
(f) All hand-held methane detectors will be MSHA-approved and
maintained in permissible and proper operating condition as defined in
30 CFR 75.320.
(g) Batteries in the surveying equipment will be changed out or
charged in fresh air more than 150 feet from pillar workings.
(h) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards associated with the use of
nonpermissible surveying equipment in areas where methane could be
present.
(i) The nonpermissible surveying equipment will not be put into
service until MSHA has inspected the equipment and determined that it
is in compliance with all the terms and conditions in this petition.
Within 60 days after the Proposed Decision and Order (PDO) becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR part 48 training plan to the District Manager. The revisions
will specify initial and refresher training regarding the terms and
conditions in the PDO.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Docket Number: M-2018-004-C.
Petitioner: LCT Energy, LP, 938 Mt. Airy Drive, Suite 200,
Johnstown, Pennsylvania 15904.
Mines: Maple Springs Mine, MSHA I.D. No. 36-09973, Cass No. 1 Mine,
MSHA I.D. No. 36-09974, Boone Surface Mine, MSHA I.D. No. 36-10067,
located in Somerset County, Pennsylvania; and Rustic Ridge Mine, MSHA
I.D. No. 36-10089, located in Westmoreland County, Pennsylvania.
Regulation Affected: 30 CFR 77.1914(a) (Electrical equipment).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of battery-powered nonpermissible
surveying equipment in shaft and slope construction, including, but not
limited to portable battery-operated mine transits, total station
surveying equipment, distance meters, and laptop computers. The
petitioner proposes to use up-to-date, practical, and accurate
technology in the preparation of mine maps and ensure the safety of the
miners by providing proper and accurate mining directional control in
the mine.
The petitioner states that:
(1) Application of the existing standard would result in a
diminution of safety to the miners.
(2) Underground mining by its nature, and the size, complexity, and
relative closeness to other abandoned mines, gas/oil wells, and other
features, requires that accurate and precise measurements be completed
in a prompt and efficient manner.
As an alternative to the existing standard, the petitioner proposes
the following:
(a) To examine all nonpermissible electronic surveying equipment
prior to use in or inby the last open crosscut to ensure the equipment
is being maintained in a safe operating
[[Page 10908]]
condition, and have a qualified person as defined in 30 CFR 75.153,
examine the equipment at intervals not to exceed 7 days. The
examination results will be recorded in the weekly examination
electrical equipment book. These examinations will include:
(i) Checking the instrument for any physical damage and the
integrity of the case.
(ii) Removing the battery and inspecting for corrosion and damage.
(iii) Inspecting the contact points to ensure a secure connection
to the battery.
(iv) Reinserting the battery and powering up and shutting down to
ensure proper connections.
(v) Checking the battery compartment cover to ensure that it is
securely fastened.
(b) A qualified person as defined in 30 CFR 75.151 will
continuously monitor for methane immediately before and during the use
of nonpermissible surveying equipment in or inby the last open crosscut
or in the return.
(c) Nonpermissible surveying equipment will not be used if methane
is detected in concentrations at or above one percent for the area
being surveyed. When methane is detected at such levels while the
nonpermissible surveying equipment is being used, the equipment will be
deenergized immediately and withdrawn out of the return.
(d) Nonpermissible surveying equipment will not be used in areas
where float coal dust is in suspension.
(e) Batteries contained in the surveying equipment will be changed
out or charged in fresh air and not in the return.
(f) Qualified personnel who use surveying equipment will be
properly trained to recognize the hazards and limitations associated
with the use of nonpermissible surveying equipment.
(g) The nonpermissible surveying equipment will not be put into
service until MSHA has inspected the equipment and determined that it
is in compliance with all the terms and conditions in this petition.
Within 60 days after the Proposed Decision and Order (PDO) becomes
final, the petitioner will submit proposed revisions for its approved
30 CFR part 48 training plan to the District Manager. The revisions
will specify initial and refresher training regarding the terms and
conditions in the PDO.
The petitioner asserts that the proposed alternative method will at
all times guarantee no less than the same measure of protection
afforded by the existing standard.
Sheila McConnell,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2018-04998 Filed 3-12-18; 8:45 am]
BILLING CODE 4520-43-P
